Table Of Content

2012 CUMULATIVE SUPPLEMENT TO CODE MISSISSIPPI ANNOTATED 1972 Issued September, 2012 CONTAINING PERMANENT PUBLIC STATUTES OF MISSISSIPPI ENACTED THROUGH THE 2012 REGULAR SESSION OF THE LEGISLATURE PUBLISHED BYAUTHORITY OF THE LEGISLATURE SUPPLEMENTING Volume 20 (As Revised 2004) For latest statutes or assistance call 1-800-833-9844 By the Editorial Staffofthe Publisher LexisNexis® QUESTIONSABOUT THIS PUBLICATION? ForEDITORIALQUESTIONSconcerningthispublication, orREPRINTPERMISSION,pleasecall: 800-833-9844 ForCUSTOMERSERVICEASSISTANCE concerningreplacementpages, shipments,billingorother matters, pleasecall: CustomerServiceDepartmentat 800-833-9844 OutsidetheUnitedStatesandCanada 518-487-3000 FAX 518-487-3584 ForINFORMATIONONOTHERMATTHEWBENDERPUBLICATIONS, pleasecall: Youraccountmanageror 800-223-1940 OutsidetheUnitedStates andCanada 518-487-3000 Copyright © 2012 by THE STATE OF MISSISSIPPI All rights reserved. LexisNexis and the Knowledge Burst logo are registered trademarks, and Michie is a trademark ofReed Elsevier Properties, Inc., used under license. Matthew Benderis a registered trademark ofMatthew Bender Properties, Inc. 5462323 ISBN 978-0-327-09628-3 (Code set) ISBN 978-0-327-04621-9 (Volume 20) LexisNexis Matthew Bender & Company, Inc. 701 E. Water Street, Charlottesville, VA22902-5389 www.lexisnexis.com (Pub.44510) User's Guide Inorderto assistboththelegal profession andthe laymaninobtainingthe maximumbenefitfrom the Mississippi Code of1972Annotated, aUser's Guide has been included in the main volume. This guide contains comments and information on the many features found within the Code intended to increase the usefulness ofthe Code to the user. 111 PUBLISHER'S FOREWORD Statutes The 2012 Supplement to the Mississippi Code of 1972 Annotated reflects the statute law of Mississippi as amended by the Mississippi Legislature through the end ofthe 2012 Regular Session. Annotations Case annotations are included based on decisions ofthe State and federal courts in cases arising in Mississippi. Annotations to collateral research references are also included. To better serve our customers by making our annotations more current, LexisNexishas changedthe sources that arereadto create annotations forthis publication. Rather than waiting for cases to appear in printed reporters, we now read court decisions as they are released by the courts. Aconsequence of this more current reading ofcases, as they are posted online on LexisNexis, is thatthe mostrecentcases annotatedmaynotyethave printreportercitations. These will be provided, as they become available, through later publications. This publication contains annotations taken from decisions ofthe Missis- sippi Supreme Court andthe Court ofAppeals and decisions ofthe appropriate federal courts. These cases will be printed in the following reporters: Southern Reporter, 3rd Series United States Supreme Court Reports Supreme Court Reporter United States Supreme Court Reports, Lawyers' Edition, 2nd Series Federal Reporter, 3rd Series Federal Supplement, 2nd Series Federal Rules Decisions Bankruptcy Reporter Additionally, annotations have been taken from the following sources: American Law Reports, 6th Series American Law Reports, Federal Series Mississippi College Law Review Mississippi Law Journal Finally, published opinions of the Attorney General and opinions of the Ethics Commission have been examined for annotations. Amendment Notes Amendment notes detail how the new legislation affects existing sections. Editor's Notes Editor's notes summarize subject matter and legislative history of re- pealed sections, provide information as to portions oflegislative acts thathave not been codified, or explain other pertinent information. Publisher's Foreword Joint Legislative Committee Notes Joint Legislative Committee notes explain codification decisions and corrections ofCode errors made by the Mississippi Joint Legislative Commit- tee on Compilation, Revision, and Publication ofLegislation. Tables The StatutoryTablesvolume adds tables showingdisposition oflegislative acts through the 2012 Regular Session. Index The comprehensive Index to the Mississippi Code of 1972 Annotated is replaced annually, and we welcome customer suggestions. The foreword to the Index explains our indexing principles, suggests guidelines for successful index research, and provides methods for contacting indexers. Acknowledgements The publisher wishes to acknowledge the cooperation and assistance rendered by the Mississippi Joint Legislative Committee on Compilation, Revision, and Publication ofLegislation, as well as the offices ofthe Attorney General and Secretary ofState, in the preparation ofthis supplement. User Information Visit the LexisNexis website at http://www.lexisnexis.com for an online bookstore, technical support, customer support, and other company information. For further information or assistance, please call us toll-free at (800) 833-9844, fax us toll-free at (800) 643-1280, e-mail us at [email protected], or write to: Mississippi Code Editor, LexisNexis, 701 E. Water Street, Charlottesville, VA 22902-5389. September 2012 LexisNexis VI SCHEDULE OF NEW SECTIONS Added in this Supplement TITLE 91. TRUSTSAND ESTATES CHAPTER 9. Trusts and Trustees Article 13. Uniform Prudent InvestorAct Sec. 91-9-601. Prudent investor rule. 91-9-603. Standard ofcare; portfolio strategy; risk and return. 91-9-605. Diversification. 91-9-607. Duties at inception oftrusteeship. 91-9-609. Loyalty. 91-9-611. Impartiality. 91-9-613. Investment costs. 91-9-615. Reviewing compliance. 91-9-617. Delegation ofinvestment and management. 91-9-619. Language invoking standard ofarticle. 91-9-621. Application to existing trusts. 91-9-623. Uniformity ofapplication and construction. 91-9-625. Short title. 91-9-627. Severability. CHAPTER 17. Mississippi Principal and IncomeAct of2013 [Effective from and after January 1, 2013] Article 1. Definitionsand Fiduciary Duties [Effectdte fromandafter January 1, 2013] 91-17-101. Short title [Effective from and after January 1, 2013]. 91-17-102. Definitions [Effective from and after January 1, 2013]. 91-17-103. Fiduciaryduties; generalprinciples [EffectivefromandafterJanuary 1, 2013]. 91-17-104. Trustee's power to adjust [Effective from and after January 1, 2013]. 91-17-105. Judicialcontrolofdiscretionarypower [EffectivefromandafterJanuary 1, 2013]. Article 2. Decedent's Estate or Terminating Income Interest [Effectdte fromandafter January 1, 2013] 91-17-201. Determination and distribution ofnet income [Effective from and after January 1, 2013]. 91-17-202. Distribution to residuary and remainder beneficiaries [Effective from and after January 1, 2013]. Article 3.Apportionmentat Beginningand End of Income Interest [Effectdte fromandafter January 1, 2013] 91-17-301. Whenrighttoincomebeginsandends [EffectivefromandafterJanuary 1,2013]. 91-17-302. Apportionment of receipts and disbursements when decedent dies or income interest begins [Effective from and after January 1, 2013]. 2012 Supplement 1 Schedule of New Sections 91-17-303. Apportionment when income interest ends [Effective from and after January 1, 2013]. Article 4.Allocation of Receipts DuringAdministration of Trust [Effective fromandafter January 1, 2013] 91-17-401. Character ofreceipt [Effective from and after January 1, 2013]. 91-17-402. Distribution from trust or estate [Effective from and after January 1, 2013]. 91-17-403. Business and other activities conducted by trustee [Effective from and after January 1, 2013]. 91-17-404. Principal receipts [Effective from and after January 1, 2013]. 91-17-405. Rental property [Effective from and after January 1, 2013]. 91-17-406. Obligation to pay money [Effective from and after January 1, 2013]. 91-17-407. Insurance policies and similar contracts [Effective from and after January 1, 2013]. 91-17-408. Insubstantial allocationsnotrequired [Effectivefrom andafterJanuary 1, 2013]. 91-17-409. Deferredcompensation, annuities,andsimilarpayments [Effectivefrom and after January 1, 2013]. 91-17-410. Liquidating asset [Effective from and after January 1, 2013]. 91-17-411. Minerals, water, and other natural resources [Effective from and after January 1, 2013]. 91-17-412. Timber [Effective from and after January 1, 2013]. 91-17-413. Property not productive ofincome [Effective from and after January 1, 2013]. 91-17-414. Derivative and options [Effective from and after January 1, 2013]. 91-17-415. Asset-backed securities [Effective from and after January 1, 2013]. Article 5.Allocation of Disbursements DuringAdministration of Trust [Effective fromandafter January 1, 2013] 91-17-501. Disbursements from income [Effective from and afterJanuary 1, 2013]. 91-17-502. Disbursements from principal [Effective from and after January 1, 2013]. 91-17-503. Transfers from income to principal for depreciation [Effective from and after January 1, 2013]. 91-17-504. Transfers from income to reimburse principal [Effective from and after January 1, 2013]. 91-17-505. Income taxes [Effective from and after January 1, 2013]. 91-17-506. Adjustments between principal and income because oftaxes [Effective from and after January 1, 2013]. Article 6. Miscellaneous Provisions [Effective fromandafter January 1, 2013] 91-17-601. Uniformity of application and construction [Effective from and after January 1, 2013]. 91-17-602. Severability clause [Effective from and after January 1, 2013]. 91-17-603. Application ofchapterto existingtrusts and estates [Effective from and after January 1, 2013]. 91-17-604. Transitional matter [Effective from and after January 1, 2013]. CHAPTER 21. Uniform Transfer-on-Death Security RegistrationAct 91-21-3. Definitions. 2 2012 Supplement Schedule of New Sections TITLE 93. DOMESTIC RELATIONS CHAPTER 5. Divorce andAlimony Sec. 93-5-34. Child custody and visitation when a parent receives temporary duty, deployment or mobilization orders from the military. CHAPTER 9. Bastardy UNIFORM LAW ON PATERNITY- 93-9-10. Disestablishment ofpaternity. CHAPTER 11. Enforcement ofSupport ofDependents SUSPENSION OF STATE-ISSUED LICENSES, PERMITS OR REGISTRATIONS FOR NONCOMPLIANCE WITH CHILD SUPPORT ORDER 93-11-163. Suspension oflicense. CHAPTER 17.Adoption, Change ofName, and Legitimation ofChildren IN GENERAL 93-17-8. Contested adoptions. 93-17-14. Home study in international adoptions valid for 24 months. CHAPTER 21. Protection from DomesticAbuse Article 1. Protection from DomesticAbuse Law 93-21-31. Domestic violence training fund. CHAPTER 22. Uniform Interstate Enforcement ofDomestic Violence Protection Orders 93-22-9. Registration oforder. CHAPTER 25. Uniform Interstate Family SupportAct ESTABLISHMENT OF SUPPORT ORDER 93-25-65. Petition to establish support order. CHAPTER 27. Uniform Child Custody Jurisdiction and EnforcementAct Article 3. Enforcement 93-27-303. Duty to enforce. CHAPTER 29. Uniform ChildAbduction PreventionAct 93-29-1. Short title. 93-29-3. Definitions. 93-29-5. Cooperation and communication among courts. 93-29-7. Actions for abduction prevention measures. 93-29-9. Jurisdiction. 93-29-11. Contents ofpetition. 93-29-13. Factors to determine risk ofabduction. 93-29-15. Provisions and measures to prevent abduction. 93-29-17. Warrant to take physical custody ofchild. 93-29-19. Duration ofabduction prevention order. 93-29-21. Uniformity ofapplication and construction. 93-29-23. RelationtoElectronicSignaturesinGlobalandNationalCommerceAct. 2012 Supplement 3 Digitized by the Internet Archive 2013 in http://archive.org/details/govlawmssupp202012